If the Consumer Trader and Tenancy Tribunal makes a Termination Order

The Consumer, Trader and Tenancy Tribunal will consider the relative hardship to you and the landlord and specify the day on which you must give vacant possession. If you are not out by the day specified, the landlord can get a warrant for possession from the Consumer, Trader and Tenancy Tribunal and go to the Sheriff.

A sheriff’s officer can remove you from the premises, with police help if needed. If you pay the arrears or enter into an agreed repayment plan before the sheriff’s officer arrives, you can still save your tenancy. (You must notify the landlord that you have paid the arrears.)

The landlord must then notify the Consumer, Trader and Tenancy Tribunal and the Sheriff. However, as stated above, the landlord may apply to the Consumer, Trader and Tenancy Tribunal for a termination order on the basis that you have ‘frequently failed’ to pay the rent on time.

The Consumer, Trader and Tenancy Tribunal may terminate your tenancy.

Note:New tenancy law is effective at the time of writing, it is not known how details of the new tenancy law will work in practice – particularly Consumer, Trader and Tenancy Tribunal procedure. Contact your local Tenants Advice and Advocacy Service for advice. January 2011